Appeals court harmed our right to know Capital Curmudgeon Bill Cotterell, Tallahassee Democrat USA TODAY NETWORK – FLA. 4/15/2021 Sometimes, sympathy and kind intentions get in the way of common sense — leading to unintended, even harmful, consequences of public policy. That's what happened with a recent ruling by the First District Court of Appeal involving Tallahassee police and a constitutional provision known as 'Marsy's Law,' which Florida voters adopted to help ease the suffering of crime victims and their surviving family members. As interpreted by a three-judge panel, it does a lot more than that but — as a constitutional amendment — there's very little chance of fixing it. Maybe the city and some open-government advocates, like media companies, will appeal the DCA decision to the Florida Supreme Court. But as the court has been shaped by Gov. Ron DeSantis, there's not much chance of reversing the reversal. Marsy's Law basically protects the identity of crime victims. Good, so far. But in two separate shooting cases involving the Tallahassee Police Department, the Police Benevolent Association sought to prevent release of the names of officers involved. It argued that, under the circumstances of each case, the officers were victims, too. Circuit Judge Charles Dodson ruled that the cops were acting in an official capacity in each incident. 'This court cannot interpret Marsy's Law to shield police officers from public scrutiny of their official actions,' Dodson said. The PBA appealed and, on April 6, the 1st DCA reversed Dodson. Writing for the court, Judge Stephanie Rowe noted that in both cases 'crime suspects threatened Tallahassee police officers with deadly force.' That threat made them victims, the judges held. 'Maintaining confidential information about a law enforcement officer who is a crime victim would not halt an internal affairs investigation nor impede any grand jury proceedings,' Rowe wrote. 'Nor would it prevent a state attorney from reviewing the facts and considering whether the officer was a victim. If the prosecutor determines that the officer was not a victim, and instead charges the officer for his conduct, then the officer would forfeit the protection.' Sounds reasonable, if you want state attorneys deciding what you have a right to know. Disclosing the identity of a public employee who takes an official action in the name of a community is not meant to condemn or commend that employee. It's just informing the public of facts. With all respect for police officers, who are potential victims every time they go to a domestic disturbance or pull over a drunk driver, they are public employees. The cities, counties and state agencies employing them are legally responsible for whatever they do. Whether it's writing a parking ticket or firing a gunshot, citizens have a right to know who does it. Tallahassee had yet a third such shooting incident just last week. Following procedure, the city is not releasing the officer's name in the most recent case because the suspect drew a gun on him or her, making the officer a victim. In scores of crime stories not involving extreme violence, you'll see a routine little line like, 'Police withheld details under their interpretation of Marsy's Law.' Another way of saying it would be 'someone did something but we can't tell you significant facts about it.' As a reporter and opinion columnist for more than 50 years, I tend to side with the press in any argument with government — just as the PBA will always take the cops' side. But the good intention of the constitutional amendment is outweighed by the public's right to know, and the three judges twisted it beyond recognition. The law is named for Marsalee Ann Nicholas, who was murdered by her ex-boyfriend in Malibu in 1983. He was convicted in 1985 and died in prison in 2007. But he was free on $100,000 bail for nearly two years before his conviction, and the young woman's family was not even told — and saw him occasionally in their neighborhood. A California ballot initiative spread to more than a dozen states, and the Constitution Revision Commission put it on the Florida ballot in 2018. Voters adopted it with just over 61% of the vote. The Legislature, which has never been shy about redoing constitutional amendments it doesn't like, has shown no interest in clarifying Marsy's Law. That's no surprise. - - - Bill Cotterell is a retired Tallahassee Democrat capitol reporter who writes a twice-weekly column. He can be reached at bcotterell@tallahassee.com.